How to claim for accidents caused by bad roads

Published: 24/02/2016

Whilst drivers are aware of their right to claim for a road traffic accident caused by a fellow road user, not everyone knows they can also make a claim for an accident caused by poor and faulty roads.

According to figures 10 per cent of road accidents are caused by road defects including:

•Potholes
•Tar overbanding
•Obscured road signs
•Worn surfaces.

So how can you claim?

It is the responsibility of the local authority to maintain the safekeeping of the roads. While they cannot be held liable in every circumstance, it is always worth checking to see if you can make a claim if you believe they have failed in their duty or were even negligent in their inaction.

If you have had an accident caused by a defected road (this includes road signs/markings and lighting systems), you may be able to claim for:

• Physical injury
• Loss of earnings
• Damage to your vehicle.

Give yourself the best chance

In the case of these accident claims the onus is on you to prove the fault. Wherever possible take photos of what caused the problem (i.e. the pothole), trying to give scale (e.g. photo the pothole with an everyday item such as your keys or a coin).

It is also vital that you get the contact details of any witnesses and if you or anyone else has been injured in the accident you must also notify the police within 24 hours.